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Generally, punitive damages, which are termed exemplary damages in the United Kingdom, are damages not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff. Punitive damages are awarded only in special cases where conduct was egregiously invidious, and are over and above the amount of compensatory damages. Great judicial restraint is expected to be exercised in their application. In the United States punitive damages awards are subject to the limitations imposed by the due process of law clauses of the Fifth and Fourteenth Amendments to the United States Constitution. In law, damages refers either to the harm suffered by a claimant in a civil action, or to the money paid or awarded to the plaintiff in compensation for such harm. ...
A plaintiff, also known as a claimant or complainant, is the party who initiates a lawsuit (also known as an action) before a court. ...
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...
Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ...
Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ...
The Fourteenth Amendment to the United States Constitution is one of the post-Civil War amendments and includes the Due Process and Equal Protection Clauses. ...
The United States Constitution is the supreme law of the United States of America. ...
In England and Wales, exemplary damages are limited to the circumstances set out by Lord Patrick Devlin in the leading case of Rookes v. Barnard. They are: Motto: (French for God and my right) Anthem: Multiple unofficial anthems Capital London Largest city London Official language(s) English Government Constitutional monarchy - Queen Queen Elizabeth II - Prime Minister Tony Blair MP Unification - by Athelstan 927 Area - Total 130,395 km² (1st in UK) 50,346 sq mi - Water (%) Population...
Motto: (Welsh for Wales for ever) Anthem: Hen Wlad Fy Nhadau Capital Cardiff Largest city Cardiff Official language(s) English, Welsh Government Constitutional monarchy - Queen Queen Elizabeth II - Prime Minister Tony Blair MP - First Minister Rhodri Morgan AM Unification - by Gruffudd ap Llywelyn 1056 Area - Total 20,779 km² (3rd...
Lord Patrick Devlin (1905 - 1992) was an outstanding lawyer, judge, and jurist of the United Kingdom in the second half of the 20th century. ...
- Oppressive, arbitrary or unconstitutional actions by the servants of government.
- Where the defendant's conduct was 'calculated' to make a profit for himself.
- Where a statute expressly authorises the same.
Rookes v Barnard has been much criticised and has not been followed in Canada or Australia or by the Privy Council. A privy council is a body that advises the head of state of a nation, especially in a monarchy. ...
External links
- Introduction to Punitive Damages
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